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Selected Legal Hold Case Law

A legal hold is an essential element of a company's overall records management program, particularly when it comes to electronic information. It needs to be issued to demonstrate a company's good faith and reasonable effort to comply with its discovery obligations. The reality, however, is that the full implications of the legal hold process may not be fully understood by all parties, particularly outside the legal department. Proactive coordination and planning among corporate counsel, outside counsel, IT and other key stakeholders is imperative to ensure good faith compliance in the face of anticipated litigation.

  • Acorn v. Co. of Nassau, 2009 WL 605859, (EDNY March 9, 2009)
  • Cache La Poudre Feed, LLC v. Land O’ Lakes Inc., 2007 WL 684001 (D. Colo. March 2, 2007)
  • Columbia Pictures Indus., et al. v. Bunnell, 2007 U.S. Dist. LEXIS 63620 (C.D. Cal. Aug. 24, 2007)
  • Disability Rights Council of Greater Washington, et al., v. Washington Metropolitan Transit Authority, et al., 2007 U.S. Dist. LEXIS 39605 (D.D.C. June 1, 2007)
  • Doctor John's, Inc. v. City of Sioux City, 2007 WL 1447851 (N.D. Iowa May 17, 2007)
  • Doe v. Norwalk Community College, 2007 U.S. Dist. LEXIS 51084 (D. Conn. Jul. 16, 2007).
  • EEOC v. Boeing Co., 2007 WL 1146446 (D. Ariz. Apr. 18, 2007) (Not for publication).
  • Gibson v. Ford Motor Co., 2007 WL 41954 (N.D. Ga. Jan. 4, 2007).
  • In re Kmart Corporation, 371 B.R. 823, 2007 Bankr. LEXIS 2541 (Bkrtcy. N.D. Ill. July 31, 2007).
  • Lockheed Martin Corp. v. L-3 Communications Corp., 2007 U.S. Dist. LEXIS 79572 (M.D. Fla. Oct. 25, 2007).
  • Miller v. Holzmann, 2007 U.S. Dist. LEXIS 2987 (D.D.C. Jan. 17, 2007).
  • School-Link Technologies, Inc.. v. Applied Res., Inc., 2007 WL 677647 (D. Kan. Feb. 28, 2007).
  • Valdez v. Town of Brookhaven, 2007 WL 1988792 (E.D.N.Y. July 5, 2007).
  • Zubulake v. UBS Warburg, 217 F.R.D. 309 (S.D.N.Y. 2003)

  • How Fios can Help

    Fios helps its clients identify electronically stored information within their organizations which may be potentially responsive to discovery demands. Fios then facilitates the creation of business processes to preserve that information and provides expert advice in the selection and implementation of legal hold technologies.

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    Mary Mack, Esq.

    A luminary on emerging e-discovery trends and issues, Mary is the co-author of "eDiscovery for Corporate Counsel," and author of "A Process of Illumination: The Practical Guide to Electronic Discovery." You can read her latest advice on her blog "Sound Evidence" on DiscoveryResources.org.

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